Information about directions and warrants issued under the Interception legislation

Reference number: SAH-2013-DOJ-0007
Submitting organisation: South African History Archive (SAHA)
Status: transferred-partial
Date submitted: August 21, 2013
Stage(s): Initial request, internal appeal, court
Transferred To: SAH-2016-FIC-0001
Request description:

Copies of any records or part of records, including internal reports or Minutes, relating to the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act, 2010 and/or the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (the Interception legislation, also known as RICA):
1. In relation to interception directions under the Interception legislation by each financial or calendar year that is available for the period from the earliest date of commencement of the Interception legislation (also known as the fixed date under the Interception legislation) to 31 July 2013:
• The different types of interception directions able to be granted
• The different type of offences for non compliance with an interception direction and for unlawful interceptions of communications
• The number of interception directions requested, granted or modified, set out by agency that applied for the direction (where that information in relation to each agency is available - noting these numbers are sought even if they are not available in relation to each agency)
• The average cost to applicants in obtaining an interception direction
• The overall annual budget allocated within the department for administering interception directions
• The annual average number of employees in the department with responsibilities that include administering interception directions
• The types of surveillance used in interception directions
• The number of each of the prosecutions, convictions, arrests and penalties imposed as a result of the successful use of an interception direction, set out by agency that applied for that direction (where that information in relation to each agency is available - noting these numbers are sought even if they are not available in relation to each agency)
2. In relation to each of the real-time communication-related directions and archive communication-related interception directions and decryption directions and entry warrants under the Interception legislation by each financial or calendar year that is available for the period from the earliest date of commencement of the Interception legislation (also known as the ‘fixed date’ under the Interception legislation) to 31 July 2013:
• The number of each type of direction or warrant requested, granted or modified, set out by agency that applied for the direction or warrant (where that information in relation to each agency is available - noting these numbers are sought even if they are not available in relation to each agency)
• The number of each of the prosecutions, convictions, arrests and penalties imposed as a result of the successful use of each type of direction or warrant, set out by agency that applied for that direction or warrant (where that information in relation to each agency is available - noting these numbers are sought even if they are not available in relation to each agency)
3. Any directives issued by the designated judge to supplement the procedure for making applications for the issuing of any type of direction or entry warrant.
4. The number of each of the prosecutions, convictions, arrests and penalties imposed as a result of as a result of information gained from SIM card (or cell phone) registrations by each financial or calendar year that is available for the period from the earliest date of commencement of that part of the Interception legislation to 31 July 2013.

Initial request communication

Communication sent

Submission of PAIA request SAH-2013-DOJ-0007
Sent on: August, 21 2013
Confirmation of receipt of PAIA request SAH-2013-DOJ-0007
Sent on: August, 26 2013
Failure to respond to PAIA request SAH-2013-DOJ-0007 within statutory time frame
Sent on: September, 25 2013

Response received

Response date: 2013-09-23
Response nature: Transferred in part – remainder denied with grounds
Received within statutory period: Yes

Internal appeal communication

Communication sent

Submission of internal appeal against decision relating to PAIA request SAH-2013-DOJ-0007
Sent on: November, 12 2013

Response received

Response date: 2014-01-31
Response nature: Deemed to have dismissed the internal appeal
Received within statutory period: No

Court

Application Description

Notice of Motion and Founding Affidavit.

Defence Description

Notice of Intention to Oppose

Released records

Record summary
This is the report on applications for interception and monitoring, the report was released by the judge of the high court WL Seriti who was appointed in terms of section 3 of the Interception and Monitoring Prohibitions Act 127 of 1992. It also includes annexures of SAP (South African Police Service), NIA (National Intelligence Agency and the Directorate of Special Operations, which shows stats of cases approved and declined in the year 2006 up to April 2007, dated May 2006.
Total pages
16
SAHA CALL number
AL2878_B01.5.76
Record summary
This is the annual report by the designated judge which is a correspondence letter to the Office manager of the Joint Standing Committee on Intelligence and it's in response to the letter which was written to him on the 25 January 2008, dated 11 February 2008.
Total pages
10
SAHA CALL number
AL2878_B01.5.77
Record summary
This is the report by the designated judge who was appointed to deal with the statitic data of the SAP (South African Police), NIA (National Intelligence Agency) and the appointment was for the period commencing 1 November 2009 and ending 31 October 2010, dated November 2009.
Total pages
10
SAHA CALL number
AL2878_B01.5.78
Record summary
This is the report on the statistic data of difficulties by agencies in the investigation of serious crimes and it was compiled by the designated judge, dated 1 April 2010.
Total pages
9
SAHA CALL number
AL2878_B01.5.79
Record summary
This is the report on interception of private communications prepared by Justice Yvonne Mokgoro who is the designated judge for the period of 2013/2014, undated.
Total pages
16
SAHA CALL number
AL2878_B01.5.80
Record summary
Report by Justice Yvonne Mokgoro to the Joint standing committee on intelligence: Parliment. South Africa information interception is intended as preventative of crime. This record is embargoed for six months in agreement with researcher
Total pages
32
SAHA CALL number
AL2878_B01.5.116
Record summary
Report by Justice Yvonne Mokgoro to the Joint standing committee on intelligence: Parliment. South Africa information interception is intended as preventative of crime. This record is embargoed for six months in agreement with researcher. It may only be made available after February 2017.
Total pages
25
SAHA CALL number
AL2878_B01.5.117
Record summary
Compiled by Justice Yvonne Mokgoro. The SA police statistical report reveals increases in technological crime in South Africa. Discusses right to privacy and the legal framework South Africa has regarding intercepting private communications.
Total pages
13
SAHA CALL number
AL2878_B01.5.118
Record summary
Narrative report and some statistical records. covers constitutional background, directives according the Act, newspaper reports and statistical information.
Total pages
10
SAHA CALL number
AL2878_B01.5.119
Record summary
Narrative report and some statistical records. covers constitutional background, directives according the Act, newspaper reports and statistical information. This record is embargoed for six months in agreement with researcher.
Total pages
9
SAHA CALL number
AL2878_B01.5.120
Record summary
A report to the Joint Standing Committee on Intelligence. Report is by Mr Justice J A M Khumalo on the right to privacy and regulations regarding interceptions of communications. Report covers from 1 November 2009 to 31st October 2010. This record is embargoed for six months in agreement with researcher.
Total pages
10
SAHA CALL number
AL2878_B01.5.121

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